[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Proposed Rules]
[Pages 34077-34088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14430]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2010-0012]
[MO 92210-0-0008-B2]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
Five Petitions to List Seven Species of Hawaiian Yellow-faced Bees as 
Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding and initiation of status 
review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on five petitions to list seven species of Hawaiian 
yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, H. kuakea, H. longiceps, and H. mana) as endangered and 
designate critical habitat under the Endangered Species Act of 1973, as 
amended (Act).
    We find that the petitions present substantial scientific or 
commercial information indicating that listing these seven species of 
Hawaiian yellow-faced bees may be warranted. Therefore, with the 
publication of this notice we are initiating a status review of these 
species and will issue 12-month findings on our determination as to 
whether the petitioned actions are warranted. To ensure that the status 
reviews are comprehensive, we are soliciting scientific and commercial 
data and other information regarding these species. We will make a 
determination on critical habitat for these species if, and when, we 
initiate a listing action.

DATES: To allow us adequate time to conduct this review, we request 
that information you submit be received by us on or before August 16, 
2010. Please note that if you are using the Federal eRulemaking Portal 
(see ``ADDRESSES'' section, below), the deadline for submitting an 
electronic comment is Eastern Standard Time on this date.
    We will post all information received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Request for Information 
section below for more details).
    After August 16, 2010, you must submit information directly to the 
Field Office (see FOR FURTHER INFORMATION CONTACT section below). 
Please note that we might not be able to address or incorporate 
information that we receive after the above requested date.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the box that reads ``Enter Keyword or ID,'' enter the Docket number for 
this finding, which is FWS-R1-ES-2010-0012. Check the box that reads 
``Open for Comment/Submission,'' and then click the Search button. You 
should then see an icon that reads ``Submit a Comment.'' Please ensure 
that you have found the correct rulemaking before submitting your 
comment.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R1-ES-2010-0012; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Loyal Mehrhoff, Field Supervisor, 
Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 
3-122, Honolulu, HI 96850; by telephone (808-792-9400); or by facsimile 
(808-792-9581). Persons who use a telecommunications device for the 
deaf (TTD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    When we make a finding that a petition presents substantial 
information indicating that listing a species may be warranted, we are 
required to promptly review the status of the species (status review). 
For the status review to be complete and based on the best available 
scientific and commercial information, we request information on the 
seven species of Hawaiian yellow-faced bees (H. anthracinus, H. 
assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. 
mana) from governmental agencies, Native American Tribes, the 
scientific community, industry, or any other interested parties. We 
seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat or both.
    (2) Information about the seven Hawaiian yellow-faced bees relevant 
to the factors that are the basis for making

[[Page 34078]]

a listing determination for a species under section 4(a) of the Act (16 
U.S.C. 1531 et seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of the species' habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    (3) Whether insect collecting presents a threat to any of the seven 
Hawaiian yellow-faced bee species.
    (4) The potential cumulative effects of these factors that may 
threaten or endanger the seven Hawaiian yellow-faced bee species.
    (5) Management programs for the conservation of the seven Hawaiian 
yellow-faced bee species.
    (6) The potential effects of climate change on the seven Hawaiian 
yellow-faced bee species and their habitat.
    If, after the status reviews, we determine that listing any of the 
seven Hawaiian yellow-faced bees is warranted, we will propose critical 
habitat (see definition in section 3(5)(A) of the Act) under section 4 
of the Act, to the maximum extent prudent and determinable at the time 
we propose to list the species. Therefore, with regard to areas within 
the geographical range currently occupied by these species, we also 
request data and information on what may constitute physical or 
biological features essential to the conservation of these species; 
where these features are currently found; and whether any of these 
features may require special management considerations or protection. 
In addition, we request data and information regarding whether there 
are areas outside the geographical area occupied by these species that 
are essential to the conservation of these seven species. Please 
provide specific comments and information as to what, if any, critical 
habitat you think we should propose for designation if these species 
are proposed for listing, and why such habitat meets the requirements 
of section 4 of the Act. Please include sufficient information with 
your submission (such as scientific journal articles or other 
publications) to allow us to verify any scientific or commercial 
information you include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act (16 U.S.C. 
1531 et seq.) directs that determinations as to whether any species is 
a threatened or endangered species must be made ``solely on the basis 
of the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
website. If your submission is made via a hardcopy that includes 
personal identifying information, you may request at the top of your 
document that we withhold this personal identifying information from 
public review. However, we cannot guarantee that we will be able to do 
so. We will post all hardcopy submissions on http://www.regulations.gov.
    Information and materials we receive, as well as supporting 
documentation we used in preparing this finding, is available for you 
to review at http://www.regulations.gov, or you may make an appointment 
during normal business hours at the Pacific Islands Fish and Wildlife 
Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act (16 U.S.C. 1533(b)(3)(A)) requires 
that we make a finding on whether a petition to list, delist, or 
reclassify a species presents substantial scientific or commercial 
information to indicate that the petitioned action may be warranted. We 
are to base this finding on information provided in the petition, 
supporting information submitted with the petition, and information 
otherwise available in our files. To the maximum extent practicable, we 
are to make this finding within 90 days of our receipt of the petition 
and publish our notice of this finding promptly in the Federal 
Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly conduct a species status review, which we subsequently 
summarize in our 12-month finding.
    We received five petitions dated March 23, 2009, from Scott Hoffman 
Black, Executive Director of the Xerces Society (hereafter, ``the 
petitioner''). The petitioner requested that we list seven species of 
Hawaiian yellow-faced bees as endangered and that critical habitat be 
designated under the Act. The petitions were clearly identified as 
petitions and included the requisite identification of addresses and 
telephone numbers, but did not include the signature of the petitioner, 
as stipulated in 50 CFR 424.14(a). Nevertheless, we recognize the five 
documents as petitions. Each petition contained information regarding 
the species' taxonomy and ecology, historical and current distribution, 
present status, and potential causes of decline and current and 
potential imminent threats.
    On May 8, 2009, we sent a letter to the petitioner acknowledging 
our receipt of the petitions and explaining that we reviewed the 
information presented in the petition and determined that issuing an 
emergency regulation temporarily listing the species under section 
4(b)(7) of the Act was not warranted at that time. This notice 
constitutes our 90-day finding for the petitions to list seven species 
of Hawaiian yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. 
facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana).

Species Information

Taxonomy and Description of Hylaeus

    The seven species of bees described in the petitions belong to the 
genus Hylaeus. Hylaeus is a large, globally distributed genus comprised 
of over 500 species worldwide. In the Hawaiian Islands, the genus 
Hylaeus is widespread and very diverse, with 60 native species, 
including 20 that are endemic to single islands (Magnacca 2007, p. 
174). All 60 Hawaiian species are in the subgenus Nesoprosopis 
(Magnacca and Danforth 2006, p. 393). The Hylaeus genus belongs to the 
Colletidae family of bees, also known as plasterer bees due to their 
habit of lining their nests with salival secretions.
    The species of Hylaeus are commonly known as yellow-faced bees or 
masked bees for their yellow-to-white facial markings. All of the 
Hylaeus species roughly resemble small wasps in appearance, due to 
their slender bodies and their seeming lack of setae (sensory hairs). 
However, Hylaeus bees have plumose (branched) hairs on the body that 
are longest on the sides of the thorax. To a discerning eye, it is 
these plumose setae that readily distinguish them from wasps (Michener 
2000, p. 55).

[[Page 34079]]

Life History of Hylaeus

    Nests of Hylaeus species are usually constructed opportunistically 
within dead twigs or plant stems, or other similarly small natural 
cavities under bark or rocks. This is unlike the nests of many other 
bee species, which are purposefully excavated or constructed 
underground. Like other Hylaeus, Hawaiian Hylaeus also lack strong 
mandibles and other adaptations for digging and often use nest burrows 
abandoned by other insect species (Daly and Magnacca 2003, p. 9). The 
adult male and female bees feed upon flower nectar for nourishment. 
Many species, including the Hawaiian Hylaeus, lack an external 
structure for carrying pollen, called a scopa, and instead internally 
transport collected pollen, often mixed with nectar, within their crop 
(stomach). Hawaiian Hylaeus species are grouped within two categories: 
Ground-nesting species that require relatively dry conditions and wood-
nesting species which are found within wetter areas (Zimmerman 1972, p. 
533; Daly and Magnacca 2003, p. 11).
    The female Hylaeus bee lays eggs in brood cells that she constructs 
in the nest and lines with a self-secreted cellophane-like material. 
Prior to sealing the nest, the female provides her young with a mass of 
semiliquid nectar and pollen that is left alongside her eggs. Upon 
hatching, the grub-like larvae eat the provisions left for them, 
pupate, and eventually emerge as adults (Michener 2000, p. 24).
    The role of bees as pollinators maintaining communities of native 
flora in a diversity of habitats is widely recognized (Cane and 
Tepedino 2001, p. 1; Kremen et al. 2007, pp. 302, 307; National 
Research Council 2007, p. 13). Recent studies of visitation records of 
Hawaiian Hylaeus bees to native flowers (Daly and Magnacca 2003, p. 11) 
and pollination studies of native plants (Sakai et al. 1995, pp. 2524-
2528; Cox and Elmqvist 2000, p. 1,238; Sahli et al. 2008, p. 1) have 
demonstrated that Hawaiian Hylaeus species almost exclusively visit 
native plants to collect nectar and pollen and, in the process, 
pollinate these plants. Hylaeus bees are very rarely found visiting 
nonnative plants for nectar and pollen (Magnacca 2007, pp. 186, 188), 
and are almost completely absent from habitats dominated by nonnative 
plant species (Daly and Magnacca 2003, p. 11). Sahli et al. (2008, p. 
1) quantified pollinator visitation rates to all of the flowering plant 
species in communities on a Hawaiian lava flow dating from 1855 to 
understand how pollination webs and the integration of native and alien 
species changes with elevation. In that study, eight flowering plants 
were observed at six sites, which ranged in elevation from 880 to 2400 
meters (m) (2,887 to 7874 feet (ft)). The study also found that the 
proportion of native pollinators changed along the elevation gradient; 
at least 40 to 50 percent of visits were from alien pollinators at low 
elevation, as opposed to 4 to 20 percent of visits by alien pollinators 
at mid to high elevations. Hylaeus bees were less abundant at lower 
elevations, and there were lower visitation rates of any pollinators to 
native plants at lower elevations, which suggests that Hylaeus may not 
be easily replaceable by nonnative pollinators (Sahli et al., 2008, p. 
1). Because Hylaeus species are likely critical pollinators of one or 
more native Hawaiian plant species, it is believed that their decline 
or eventual extinction may negatively impact dependent native plant 
species (Hopper et al. 1996, p. 8; Cox and Elmqvist 2000, p. 1238).

Taxonomy and Description of Each Petitioned Hylaeus Species

    Unless clearly stated that the information is from our files, all 
information, statements, and references cited regarding the taxonomy, 
descriptions, life history, and range and distribution are based on 
information submitted in the petitions.

Hylaeus anthracinus

Taxonomy
    Hylaeus anthracinus was first described as Prosopis anthracina by 
Smith in 1873 (Daly and Magnacca 2003, p. 55), and transferred to 
Nesoprosopis 20 years later (Perkins 1899, pp. 75), and then 
Nesoprosopis was reduced to a subgenus of Hylaeus in 1923 (Meade-Waldo 
1923, p. 1). Although the distinctness of this species is unquestioned, 
recent genetic evidence (Magnacca and Brown, submitted) suggests that 
H. anthracinus may be composed of three cryptic (not recognized) 
species which represent the populations on Hawaii; Maui and Kahoolawe; 
and Molokai and Oahu.
Description
    Hylaeus anthracinus is a medium-sized black bee with clear to smoky 
wings and black legs. The male has a single large yellow spot on his 
face, while below the antennal sockets the face is yellow. The female 
is entirely black and can be distinguished by the black hairs on the 
end of the abdomen and an unusual mandible that has three teeth, a 
characteristic that is shared only with H. flavifrons, a closely 
related species on Kauai (Daly and Magnacca 2003, p. 53).
Life History
    The diet of the larval stage of Hylaeus anthracinus is unknown, 
although the larvae are presumed to feed on stores of pollen and nectar 
collected and deposited in the nest by the adult female. Likewise, the 
nesting habits of H. anthracinus are not known, but the species is 
thought to nest within the stems of coastal shrubs (Magnacca 2005a, p. 
2).
    Hylaeus anthracinus adults have been observed visiting the flowers 
of Sesbania tomentosa (oahi), Scaevola sericea (naupaka kahakai), Sida 
fallax (ilima), Argemone glauca (pua kala), Chamaesyce celastroides 
(akoko), Chamaesyce degeneri (akoko), Heliotropium anomalum (hinahina), 
and Myoporum sandwicense (naio). This species has also been collected 
from inside the fruit capsule of Kadua coriacea (kioele) (Magnacca 
2005a, p. 2). Hylaeus anthracinus has also been observed visiting 
Tournefortia argentea (tree heliotrope), a tree native to tropical 
Asia, Madagascar, tropical Australia, and Polynesia, for nectar and 
pollen (Wagner et al. 1999, p. 398; Daly and Magnacca 2003, p. 55; 
Magnacca 2007a, p. 181). The species was first collected on Oahu in 
1864-1865, and is naturalized and documented from all of the main 
islands except Kahoolawe (Wagner et al. p. 398). It is described as 
introduced by Magnacca (2007, p. 181). Hylaeus anthracinus commonly 
occurs alongside other Hylaeus species, including H. longiceps and H. 
flavipes.
Range and Distribution
    Hylaeus anthracinus was historically known from numerous coastal 
strand and lowland dry forest locations up to 2,000 feet (ft) (610 
meters (m)) in elevation on the islands of Hawaii, Lanai, Maui, 
Molokai, and Oahu. According to the petition, between 1997 and 2008, 
surveys for Hawaiian Hylaeus were conducted at 43 sites throughout the 
Hawaiian Islands that were either historic collecting localities for H. 
anthracinus, or potentially suitable habitat for this species. Hylaeus 
anthracinus was observed at 14 of the 43 survey sites, but had 
disappeared from each of the 9 historically occupied sites that were 
surveyed (petition p. 7). Several of the historical collection sites, 
such as Honolulu and Waikiki on Oahu, and Kealakekua Bay on Hawaii, no 
longer contain Hylaeus habitat, which has been replaced by urban 
development or is dominated by nonnative vegetation (Liebherr and 
Polhemus 1997, pp. 346-347; Daly and

[[Page 34080]]

Magnacca 2003, p. 55; Magnacca 2007, pp. 186-188).
    Hylaeus anthracinus is currently restricted to small populations in 
a few small patches of coastal and lowland dry habitat (Magnacca 2005a, 
p. 2); one location on Kahoolawe; five locations on the island of 
Hawaii, two locations on Maui, three locations on Molokai, and two 
locations on Oahu (Xerces 2009a, pp. 9-10). The petition does not 
define the context applied to the term ``small,'' and we have no 
additional information in our files. Accordingly, we are presenting the 
population information as characterized by the petitioner. The 2004 H. 
anthracinus collection on the island of Hawaii occurred in montane dry 
forest (Magnacca 2005a, p. 2). Although it was previously unknown from 
the island of Kahoolawe, H. anthracinus was observed at one location on 
the island in 2002 (Daly and Magnacca 2003, p. 55). According to the 
petition, it is believed to be extirpated from Lanai (Daly and Magnacca 
2003, p. 55).

Hylaeus assimulans

Taxonomy
    Hylaeus assimulans was first described as Nesoprosopis assimulans 
(Perkins 1899, pp. 75, 101-102), and then Nesoprosopis was reduced to a 
subgenus of Hylaeus in 1923 (Meade-Waldo 1923, p. 1). The species was 
most recently described as Hylaeus assimulans by Daly and Magnacca in 
2003 (pp. 55-56).
Description
    Hylaeus assimulans is distinguished by its large size relative to 
other coastal Hylaeus species and slightly smoky to smoky-colored 
wings. The male is black with yellow face marks, with an almost 
entirely yellow clypeus (lower face region) with additional marks on 
the sides that narrow dorsally (towards the top). The male also has 
brown appressed (flattened) hairs on the tip of the abdomen. The female 
is entirely black, large-bodied, and has no distinct punctuation on the 
abdomen (Daly and Magnacca 2003, p. 56).
Life History
    The diet of the larval stage of Hylaeus assimulans is unknown, 
although the larvae are presumed to feed on stores of pollen and nectar 
collected and deposited in the nest by the female adult (Xerces 2009b, 
p. 11). Likewise, the nesting habits of H. assimulans are not known, 
but the species is thought to nest underground, as do other closely 
related species (Magnacca 2005b, p. 2).
    Hylaeus assimulans adults have been observed visiting the flowers 
of Lipochaeta lobata (nehe) and Sida fallax (ilima), this species' 
likely primary host plant (Xerces 2009b, p. 10). Hylaeus assimulans 
appears to be closely associated with plants in the genus Sida, and the 
petitioner suggests this yellow-faced bee species may be more common 
where this plant is abundant (Daly and Magnacca 2003, pp. 58, 217; 
Magnacca 2007, p. 183). The petition contains information indicating 
that in recent collections, H. assimulans seems to be more common in 
dry forest at relatively higher elevations, and is less often found in 
coastal strand habitat. The petition states that the frequency of H. 
assimulans observations in higher, dry forest may be related to the 
abundance of Sida in the understory (Magnacca 2005b, p. 2). The 
petitioner also states that it is likely that H. assimulans visits 
several other native plants, including Acacia koa (koa), Metrosideros 
polymorpha (ohia), Styphelia tameiameiae (pukiawe), and species of 
Scaevola (naupaka) and Chamaesyce (akoko), which are frequented by 
other Hylaeus species as well.
Range and Distribution
    Historically, Hylaeus assimulans was known from numerous coastal 
strand and lowland dry locations up to 2,000 ft (610 m) in elevation on 
the islands of Lanai, Maui, and Oahu. Although there are no collections 
from Molokai, the petition states that H. assimulans also occurred 
there because all other species of Hylaeus known from Maui, Lanai, and 
Oahu also occurred on Molokai (Xerces 2009b, p. 6). Between 1997 and 
2008, surveys for Hawaiian Hylaeus were conducted in 25 sites on Oahu, 
Maui, Kahoolawe, Lanai, and Molokai. Hylaeus assimulans was absent from 
six of its historic localities on Oahu, Maui, and Lanai (Xerces 2009b, 
pp. 6-7). Hylaeus assimulans was not observed at 19 other sites with 
potentially suitable habitat on Oahu, Maui, Lanai, and Molokai, 
including several sites from which other native Hylaeus species have 
been recently collected (Daly and Magnacca 2003, p. 56; Xerces 2009b, 
p. 7).
    Currently, Hylaeus assimulans is found in a few small patches of 
coastal and lowland dry habitat at two locations on Lanai, two 
locations on Maui, and one location on Kahoolawe (Daly and Magnacca 
2003, p. 58; Magnacca 2005, p. 2). According to the petition, this 
species has likely been extirpated from Oahu since it was absent from 
the island's best extant coastal strand habitat at Kaena Point (Kaena 
Point Natural Area Reserve (NAR)) (Magnacca 2005, p. 2).

Hylaeus facilis

Taxonomy
    According to the petitioner, Hylaeus facilis is a member of the H. 
difficilis species group, and is closely related to H. chlorostictus 
and H. simplex. Hylaeus facilis was first described as Prosopis facilis 
by Smith in 1879 (Daly and Magnacca, p. 80), based on a specimen 
erroneously reported from Maui. According to Blackburn and Cameron 
(1886 and 1887), the species' type locality was Pauoa Valley on Oahu 
(Daly and Magnacca 2003, p. 80). The species was later transferred to 
the genus Nesoprosopis (Perkins 1899, pp. 75, 77). Nesoprosopis was 
subsequently reduced to a subgenus of Hylaeus (Meade-Waldo 1923, p. 1). 
The species was most recently recognized by Daly and Magnacca (2003, p. 
80) as Hylaeus facilis.
Description
    Hylaeus facilis is a medium-sized bee with smoky colored wings. The 
male has an oval yellow mark on its face that covers the entire clypeus 
(lower face region), and a narrow stripe beside the eyes, but is 
otherwise unmarked. The large, externally visible gonoforceps (paired 
lateral outer parts of the male genitalia) distinguish H. facilis from 
the closely related H. simplex (Daly and Magnacca 2003, p. 83). The 
female is entirely black, and indistinguishable from females of H. 
difficilis and H. simplex (Daly and Magnacca 2003, pp. 81-82).
Life History
    The diet of the larval stage of Hylaeus facilis is unknown, 
although the larvae are presumed to feed on stores of pollen and nectar 
collected and deposited in the nest by the adult female. The nesting 
habits of H. facilis have not been observed, but the species is thought 
to nest underground as do the closely related species H. chlorostictus 
and H. simplex (Daly and Magnacca 2003, p. 83; Magnacca 2005c, p. 2).
    According to the petition, the native host plants of adult Hylaeus 
facilis are unknown, but it is likely that this species visits several 
plants that other Hylaeus species are known to frequent, including 
Acacia koa (koa), Metrosideros polymorpha (ohia), Styphelia tameiameiae 
(pukiawe), Scaevola spp. (naupaka), and Chamaesyce spp. (akoko). 
Hylaeus facilis has also been observed visiting the nonnative 
Tourneforia argentea (tree heliotrope) for nectar and pollen (Magnacca 
2007, p. 181).

[[Page 34081]]

Range and Distribution
    Hylaeus facilis was historically known from Lanai, Maui, Molokai, 
and Oahu, in dry shrubland to wet forest, from coastal to montane 
habitat up to 3,281 ft (1,000 m) in elevation (Gagne and Cuddihy 1999, 
p. 93; Daly and Magnacca 2003, pp. 81, 83). Perkins (1899, p. 77) 
remarked that H. facilis was among the most common and widespread 
Hylaeus species on Oahu and all of Maui Nui (Lanai, Molokai, and Maui) 
(Magnacca 2007, p. 183). The petitioner contends that although the 
species was widely collected within a diverse range of habitats, it 
probably prefers dry to mesic forest and shrubland (Magnacca 2005c, p. 
2), which are increasingly rare and patchily distributed habitats 
(Smith 1985, pp. 227-233; Juvik and Juvik 1998, p. 124; Wagner et al. 
1999, pp. 66-67, 75; Magnacca 2005c, p. 2).
    The petition states that Hylaeus facilis has almost entirely 
disappeared from most of its historical range (Daly and Magnacca 2003, 
p. 7; Magnacca 2007, p. 183), and the abundance of specimens in the 
collections at the Bishop Museum in Honolulu demonstrates the historic 
prevalence of this species in a diverse array of habitats and 
elevations (Magnacca 2007, p. 183). Between 1998 and 2006, 39 sites on 
Oahu, Maui, Lanai, and Molokai were surveyed; H. facilis was absent 
from each of the 13 historical localities that were revisited (Magnacca 
2007, p. 183). Hylaeus facilis was not observed at 26 other sites with 
potentially suitable habitat, including many sites from which other 
native Hylaeus species have been recently collected (Daly and Magnacca 
2003, pp. 7, 81-82; Magnacca 2007, p. 183).
    Currently, Hylaeus facilis is only known from three sites, one each 
on the islands of Maui, Molokai, and Oahu (Daly and Magnacca 2003, pp. 
81-82; Magnacca 2005c, p. 2). According to the petitioner, this species 
is likely extirpated from Lanai (Xerces 2009c, p. 7).

Hylaeus hilaris

Taxonomy
    Hylaeus hilaris was first described as Prosopis hilaris by Smith in 
1879 (Daly and Magnacca 2003, pp. 103-104), transferred to the genus 
Nesoprosopis 20 years later (Perkins 1899, pp. 75), and then 
Nesoprosopis was reduced to a subgenus of Hylaeus in 1923 (Meade-Waldo 
1923, p. 1). In 2003, Daly and Magnacca described the species as 
Hylaeus hilaris (Daly and Magnacca 2003, pp. 103-104).
Description
    Hylaeus hilaris is distinguished by its large size (male wing 
length is 0.185 inches (in) (4.7 millimeters (mm)) relative to other 
coastal Hylaeus species. The wings of this species are slightly smoky 
to smoky colored, and it is the most colorful of the Hawaiian Hyaleus 
species. The face of the male is almost entirely yellow, with yellow 
markings on the legs and thorax, and the metasoma (middle portion of 
the abdomen) are usually predominantly red. Females are drably colored, 
with various brownish markings. As with other cleptoparasitic (see 
``Life History'' below) species, H. hilaris lacks the specialized 
pollen-sweeping hairs of the front legs (Daly and Magnacca 2003, pp. 9, 
106). It is also one of only two Hawaiian Hyaleus species to possess 
apical (at the end or tip of a structure) bands of fine white hairs on 
the segments of the metasoma.
Life History
    Most adult Hawaiian Hylaeus species consume nectar for energy; 
however, Hylaeus hilaris has yet to be observed actually feeding from 
flowers. Hylaeus hilaris and the four species related to it (H. 
hostilis, H. inquilina, H. sphecodoides, and H. volatilis) are known as 
cleptoparasites or cuckoo bees. The mated female does not construct a 
nest or collect pollen, but instead enters the nest of another species 
and lays an egg in a partially provisioned cell. Upon emerging, the 
cleptoparasitic larva kills the host egg and consumes the provisions, 
pupates, and eventually emerges as an adult. As a result of this 
lifestyle shift, H. hilaris bees have lost the pollen-collecting hairs 
that other species possess on the front legs. Cleptoparasitism is 
actually quite common among bees: approximately 25 percent of known bee 
species have evolved to become cleptoparasites. Among the world's bees, 
other than the Hawaiian Hylaeus group, no cleptoparasites are known 
from the family Colletidae (Daly and Magnacca 2003, p. 9). The larvae 
of H. hilaris and their diet are unknown (Magnacca 2005d, p. 2); 
however, the species is known to lay its eggs within the nests of H. 
anthracinus, H. assimulans, and H. longiceps (Perkins 1913, p. lxxxi). 
Although the species has never been observed at flowers, H. hilaris 
adults presumably consume nectar as a food source (Xerces 2009 d, p. 
9). Hylaeus hilaris depends on a number of related Hylaeus host species 
for its parasitic larvae, and its population size is inherently much 
smaller than its host species (Xerces 2009d, p. 9).
Range and Distribution
    Hylaeus hilaris was historically known from coastal strand habitat 
on the islands of Lanai, Maui, and Molokai. The petitioner states that 
it is believed to have occurred along much of the coast of these 
islands since its primary hosts, H. anthracinus, H. assimulans, and H. 
longiceps, likely extended throughout this habitat. According to the 
petition, nearly all of the coastal strand habitat has been either 
developed or degraded, and is no longer suitable for H. hilaris 
(Liebherr and Polhemus 1997, pp. 346-347; Magnacca 2007, pp. 186-188). 
Hylaeus hilaris was absent from three of its historical population 
sites revisited by researchers between 1998 and 2006. It was also not 
observed at 10 additional sites with potentially suitable habitat where 
other native Hylaeus species have been recently collected (Daly and 
Magnacca 2003, pp. 103, 106).
    The petitioner states that this species has been collected only 
twice in the last 70 years, but acknowledges a gap of about 70 years 
between major collecting efforts (Xerces 2009d, p. 6). Hylaeus hilaris 
has recently been collected on two occasions; once in 1989 and again in 
1999. The species was absent from each of its historical localities 
that were revisited between 1998 and 2006 (Xerces 2009d, p. 6). 
Currently, the only known population of H. hilaris is located on The 
Nature Conservancy's Moomomi Preserve on Molokai (Daly and Magnacca 
2003, pp. 103, 106; Magnacca 2005d, p. 2). According to the petition, 
it is no longer extant on Lanai (Xerces 2009d, p. 6).

Hylaeus kuakea

Taxonomy and Description
    Hylaeus kuakea was first described by Daly and Magnacca (2003, pp. 
1, 125-127) from specimens collected in 1997 in the Waianae Mountains 
on Oahu. Hylaeus kuakea is a small, black bee with slightly smoky 
colored wings. This species does not fit into any of the well-defined 
Hylaeus species groups. Its facial marks are similar to those of the H. 
difficilis group and to H. anthracinus, but it can be distinguished by 
its unusual ivory facial marking covering the clypeus (the lower face 
region). Hylaeus kuakea also resembles H. anthracinus, but has a 
denser, more distinct arrangement of setae (sensory hairs) on the head 
and generally narrower marks next to the compound eyes (Daly and 
Magnacca 2003, p. 125; Magnacca 2005e, p. 2). Only two adult

[[Page 34082]]

male specimens have been collected; females have yet to be collected or 
observed.
Life History
    The diet of the larval stage of Hylaeus kuakea is unknown, although 
the larvae are presumed to feed on stores of pollen and nectar 
collected and deposited in the nest by the adult female (Xerces 2009e, 
p. 7). The nesting habits of H. kuakea have not been observed, but the 
species is believed to be related to other wood-nesting Hawaiian 
Hylaeus species (Magnacca and Danforth 2006, p. 403).
    According to information in the petition, the native host plants of 
the adult Hylaeus kuakea are unknown, but it is likely that this 
species visits several plants that other Hylaeus species are known to 
frequent, including Acacia koa, Metrosideros polymorpha, Styphelia 
tameiameiae, Scaevola spp., and Chamaesyce spp. (Magnacca 2005e, p. 2).
Range and Distribution
    Hylaeus kuakea is only known from two collections made in Moho 
Gulch Ridge, at the northern end of Honouliuli Preserve, at an 
elevation of about 1,900 ft (579 m) in the Waianae Mountains on Oahu. 
Hylaeus kuakea is found in lowland mesic forest, which is increasingly 
rare and patchily distributed on Oahu (Smith 1985, pp. 227-233; Juvik 
and Juvik 1998, p. 124; Wagner et al. 1999, pp. 66-67, 75).
    According to the petitioner, although there is potentially suitable 
lowland mesic habitat in Honouliuli Preserve, no other individuals of 
Hylaeus kuakea were found in surveys subsequent to the type collection 
in 1997 (Magnacca 2007, p. 184). In addition, Perkins did not collect 
this species in surveys in the Honouliuli Preserve vicinity or in 
nearby areas in 1899, 1910, and 1911 (Xerces 2009e, p. 6). The 
petitioner therefore concludes that the extreme rarity of this species, 
its absence from nearby sites, and the fact that it was not discovered 
until very recently suggest that very few populations remain (Magnacca 
2005e, p. 2).

Hylaeus longiceps

Taxonomy
    Hylaeus longiceps was first described in 1899 as Nesoprosopis 
longiceps (Perkins 1899, pp. 75, 98), and then Nesoprosopis was reduced 
to a subgenus of Hylaeus in 1923 (Meade-Waldo 1923, p. 1). Daly and 
Magnacca (2003, pp. 133-134) most recently described the species as 
Hylaeus longiceps.
Description
    Hylaeus longiceps is a small to medium-sized, black bee with clear 
to slightly smoky colored wings. Its distinguishing characteristics are 
its long head and the facial marks of the male. The lower face of the 
male is marked with a yellow band that extends at the sides of the face 
in a broad stripe above the antennal sockets. The area above the 
clypeus (lower face region) is very long and narrow, and the scape (the 
first antennal segment) is noticeably twice as long as it is wide. The 
female is entirely black and unmarked (Daly and Magnacca 2003, p. 133).
Life History
    The diet of the larval stage of Hylaeus longiceps is unknown, 
although the larvae are presumed to feed on stores of pollen and nectar 
collected and deposited in the nest by the female adult (Xerces 2009a, 
p. 15). The nesting habits of H. longiceps are unknown, but the species 
is thought to nest underground, as in other closely related species 
(Magnacca 2005f, p. 2).
    Hylaeus longiceps adults have been observed visiting the flowers of 
a wide variety of plants, including Scaevola coriacea (dwarf naupaka), 
Sida fallax, Scaevola spp. (naupaka kahakai), Sesbania tomentosa 
(ohai), Myoposum sandwicense (naio), Santalum ellipticum (iliahialoe, 
coast sandalwood), Chamaesyce degeneri (akoko), and Vitex rotundifolia 
(pohinahina) (Xerces 2009a, p. 14). The petitioner reports that it is 
likely that H. longiceps visits several plant species that other 
Hylaeus species are known to frequently visit, including Scaevola spp., 
Chamaesyce spp., Tournefortia argentea, Jacquemontia ovata (pau o 
hiiaka), and Sida fallax (Magnacca 2005f, p. 2).
Range and Distribution
    Hylaeus longiceps is historically known from numerous coastal 
strand and lowland dry shrubland locations up to 2,000 ft (610 m) in 
elevation on the islands of Lanai, Maui, Molokai, and Oahu. The species 
is primarily known from coastal habitat, but is infrequently collected 
in dry shrubland. Hylaeus longiceps is rarely observed in higher 
elevation dry forests. Perkins (1899, p. 98) noted that H. longiceps 
was locally abundant, and probably occurred historically throughout 
much of the leeward and lowland areas on Maui Nui (Maui, Molokai, 
Lanai, and Kahoolawe) and Oahu, since its host plants, Sida fallax, 
Chamaesyce spp., Scaevola spp., and Jaquemontia ovata, occurred 
throughout these areas (Magnacca 2005f, p. 2). The petitioner states 
that most of the habitat in these areas has been either developed or 
degraded and is no longer suitable for H. longiceps (Liebherr and 
Polhemus 1997, pp. 346-347; Magnacca 2007, pp. 186-188).
    Hylaeus longiceps is now restricted to small populations in small 
patches of coastal and lowland habitat on Lanai, Maui, Molokai, and 
Oahu (Magnacca 2005f, p. 2). Twenty-five sites that were either 
historic collecting localities for H. longiceps or contained 
potentially suitable habitat for this species were surveyed between 
1997 and 2008. Hylaeus longiceps was observed at only six of the 
surveyed sites: three sites on Lanai, one site on Maui, one site on 
Molokai, and one site on Oahu. Only one historic location, Waieu Dune 
on Maui, still supports a population of H. longiceps (Daly and Magnacca 
2003, p. 135).

Hylaeus mana

Taxonomy and Description
    Hylaeus mana was first described by Daly and Magnacca (2003, pp. 
135-136) from four specimens collected in 2002 on the leeward side of 
the Koolau Mountains on Oahu. This species is an extremely small, 
gracile (gracefully slender) black bee with yellow markings on the 
face. The smallest of all Hawaiian Hylaeus species, H. mana is a member 
of the dumetorum species group. The face of the male is largely yellow 
below the antennae, extending dorsally in a narrowing stripe. The 
female's face has three yellow lines, one against each eye, and a 
transverse stripe at the apex of the clypeus (lower face region). The 
female's other markings are the same as the male's (Daly and Magnacca 
2003, p. 135). Hylaeus mana can be distinguished from H. mimicus and H. 
specularis, with whom its range overlaps, by its extremely small size, 
the shape of the male's genitalia, the female's extensive facial marks, 
and a transverse rather than longitudinal clypeal marking (Daly and 
Magnacca 2003, p. 138).
Life History
    The diet of the larval stage of Hylaeus mana is unknown, although 
the larvae are presumed to feed on stores of pollen and nectar 
collected and deposited in the nest by the adult female (Xerces 2009e, 
p. 7). The nesting habits of H. mana are not well known, but it is 
assumed the species is closely related to other wood-nesting Hawaiian 
Hylaeus species (Magnacca and Danforth 2006, p. 403).
    Adult specimens of Hylaeus mana were collected while they visited

[[Page 34083]]

flowers of Santalum freycinetianum var. freycinetianum (iliahi, 
sandalwood), a native Hawaiian plant found only on Oahu and Molokai 
(Wagner et al. 1999, p. 1221). The petitioner asserts that it is likely 
that H. mana visits several other native plant species, including 
Acacia koa, Metrosideros polymorpha, Styphelia tameiameiae, Scaevola 
spp., and Chamaesyce spp. (Magnacca 2005g, p. 2).
Range and Distribution
    Hylaeus mana is only known from lowland mesic forest located along 
the Manana Trail in the Koolau Mountains on Oahu, at an elevation of 
about 1,400 ft (427 m). Few Hylaeus bees have been found in this type 
of koa-dominated, lowland mesic forest on Oahu (Daly and Magnacca 2003, 
p. 138). This type of forest is increasingly rare and patchily 
distributed on Oahu (Smith 1985, pp. 227-233; Juvik and Juvik 1998, p. 
124; Wagner et al. 1999, pp. 66-67, 75).
    According to the petition, because the first collection of Hylaeus 
mana was made in 2002, the historic range and current distribution, 
other than the collection on Manana Trail, are unknown at this time 
(Magnacca 2005g, p. 2). This species was not found in surveys of 
potentially suitable habitat in the same general area by Perkins in 
1899, 1910, and 1911 (Xerces 2009e, p. 6). The petitioner therefore 
concludes that the extreme rarity of this species, its absence from 
nearby sites, and the fact that it was not discovered until very 
recently suggest that very few populations remain (Magnacca 2005g, p. 
2).
    We accept the characterization of the seven species of Hawaiian 
yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, H. kuakea, H. longiceps, and H. mana) as described in the 
information provided by the petitioner.

Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR 424, set forth procedures for adding species to 
the Federal Lists of Endangered and Threatened Wildlife and Plants. A 
species may be determined to be an endangered or threatened species due 
to one or more of the five factors described in section 4(a)(1) of the 
Act: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. In making this 90-day finding, we evaluated 
whether information on threats to the seven Hawaiian Hylaeus bee 
species presented in the petitions and available in our files at the 
time of the review of the petitions constitute substantial scientific 
or commercial information such that listing the species may be 
warranted. Our evaluation of this information is discussed below. 
Unless clearly stated that the information is from our files, all 
threats described below and their effects on the seven Hawaiian Hylaeus 
bee species are based on information submitted in the petitions. Any 
references provided in support of particular statements related to 
potential threats are the petitioner's references, unless specifically 
identified otherwise.

A. Present or Threatened Destruction, Modification, or Curtailment of 
the Species' Habitat or Range

    According to the petitions, degradation and loss of coastal and 
lowland habitat used by Hylaeus bees on all of the main Hawaiian 
Islands is the primary threat to these seven species (Cuddihy and Stone 
1990, pp. 60-61; Daly and Magnacca 2003, pp. 55, 173). Coastal and 
lowland habitats have been severely altered and degraded, partly 
because of past and present land management practices, including 
agriculture, grazing, and urban development; the deliberate and 
accidental introductions of nonnative animals and plants; and 
recreational activities. In addition, the petitions present information 
indicating that fire is a potential threat to the habitat of these 
seven species in some locations.
Habitat Destruction and Modification by Urbanization and Land Use 
Conversion
    Increased access to coastal areas, and resulting habitat 
disturbance, has been facilitated by coastal development and 
roadbuilding (Cuddihy and Stone 1990, pp. 94-95). As described in the 
petitions, five species (Hylaeus anthracinus, H. assimulans, H. 
facilis, H. hilaris, and H. longiceps) were once widespread and common 
in coastal strand habitat (Perkins 1912, p. 688). These five Hylaeus 
species are now absent from all of Perkins' coastal collection 
localities. Hylaeus facilis has recently been collected in coastal 
habitat at Kuololimu Point, and H. hilaris has recently been collected 
in coastal habitat at Moomomi Preserve, Molokai (Xerces 2009c, p. 9).
    The petitioner states that lowland dry forests and shrublands have 
been heavily impacted by urbanization and conversion to agriculture or 
pasture throughout the Hawaiian Islands, with the estimated loss of 
more than 90 percent of dry forests and shrublands (Bruegmann 1996, p. 
26; Juvik and Juvik 1998, p. 124). Four species (Hylaeus anthracinus, 
H. assimulans, H. facilis, and H. longiceps) were once widespread and 
found within lowland dry habitat on several islands, including Hawaii, 
Lanai, Maui, Molokai, and Oahu, but are largely absent from their 
historical population sites on these islands.
    Mesic forest, once abundant and considered the most diverse of all 
Hawaiian forest types (Rock 1913, p. 9), is now very rare, with much of 
it converted to pasture, or military or agricultural use, or lost to 
urbanization (Cuddihy and Stone 1990, p. 61; Magnacca 2007, p. 187). 
Fire has also negatively impacted this habitat type, as is discussed 
below. Hylaeus facilis was historically the most wide ranging of the 
seven bee species in terms of the variety of habitats from which it was 
recorded, which included mesic forest on Lanai, Maui, Molokai, and 
Oahu. This species is now restricted to single locations on the islands 
of Molokai and Oahu.
    The petitioner identified the loss of coastal, dry lowland, and 
montane wet forest habitat on Oahu, Lanai, Maui, and Molokai as a 
contributing factor to the decline of H. facilis, but acknowledges that 
``although recorded from several sites currently considered to be wet 
forest, it is possible that H. facilis would not normally inhabit this 
[habitat] in a natural state.'' The petitioner attributes the current 
observation of this species at sites now known to be wetter than they 
were during the early Perkins' collecting period to the more open 
understory vegetation (Perkins 1899, p. 76). It is conceivable that the 
loss of mesic forest habitat used by H. kuakea is due to urbanization 
and land use conversion, although the petitioner presents no 
information in this regard, nor do we have information in our files 
regarding the historical locations of these two species, both of which 
were only recently collected (H. kuakea in 1997; H. mana in 2002).
Habitat Destruction and Modification by Nonnative Plants
    The petitioner states that the spread of nonnative plant species is 
one of the primary causes of decline, and a current threat to the 
existing populations of each of the seven Hylaeus bee species, because 
they depend closely on native vegetation for nectar and pollen, and the 
bees are almost entirely absent from habitat dominated by invasive, 
nonnative vegetation (Sakai et al. 2002, pp. 276, 291; Daly and 
Magnacca 2003, p. 11; Liebherr 2005, p. 186). According to information 
available in our files and

[[Page 34084]]

presented by the petitioner, the native flora within a majority of 
lowland habitat on the Hawaiian Islands below 1,969 ft (600 m) is being 
replaced by aggressive, nonnative plant species (Cuddihy and Stone 
1990, pp. 73-74; Wagner et al. 1999, p. 52). The petitioner states that 
many native plant species that are replaced by nonnative plants were 
once foraging resources for numerous Hylaeus species (Cox and Elmqvist 
2000, p. 1238; Daly and Magnacca 2003, p. 11; USFWS 1999, pp. 145, 163, 
171, 180; USFWS 2008, pp. 7, 9). Six of the seven Hylaeus bee species 
(Hylaeus anthracinus, H. assimulans, H. facilis, H. kuakea, H. 
longiceps, and H. mana) are most often found in dry and mesic forest 
and shrubland habitat (Daly and Magnacca 2003, p. 11), and the greatest 
proportion of endangered or at-risk Hawaiian plant species are also 
limited to these same habitats; 25 percent of Hawaiian listed plant 
species are from dry forest and shrubland alone (Sakai et al. 2002, pp. 
276, 291, 292). The petitioner asserts that lowland dry and mesic 
forests now support less-diverse Hylaeus communities because many 
native plants used for foraging are extirpated from these habitats 
(Magnacca 2007, pp. 186-187).
    The petitioner states that besides Scaevola sericea (naupaka 
kahakai), native vegetation is lacking along most of the coastline of 
the major Hawaiian Islands, and that Hylaeus bees cannot survive on 
this plant alone (Magnacca 2007, p. 187). The petitioner also states 
that native coastal vegetation in many areas, such as Moomomi Preserve 
on Molokai, which currently is the only known location for Hylaeus 
hilaris, is threatened by Prosopis pallida (kiawe), an invasive, 
nonnative, deciduous thorny tree (Xerces 2009a, p. 25; 2009b, p. 17; 
2009c, p. 21; 2009d, p. 11).
    According to the petitions, many of the native plants that serve as 
foraging resources for the adults of the seven Hylaeus bee species are 
declining due to a lack of pollinators (Daly and Magnacca 2003, p. 11; 
USFWS 2008, pp. 7, 9) and are found only in very small populations 
(USFWS 1999, pp. 145, 163, 171, 180; Cox and Elmqvist 2000, p. 1238). 
The petitioner points out, for example, that H. longiceps and H. 
anthracinus are known to forage on the federally endangered plant 
Sesbania tomentosa (ohai). Both H. longiceps and H. anthracinus also 
visit Chamaesyce celastroides var. kaenana (akoko), a federally 
endangered plant endemic to coastal dry shrubland on Oahu (Daly and 
Magnacca 2003, pp. 55, 74). Hylaeus longiceps is also known to forage 
on the endangered Scaevola coriacea (dwarf naupaka) (USFWS 1999, p. 
145; Daly and Magnacca 2003, pp. 55, 135). In addition, H. anthracinus 
has been collected from inside the fruit capsule of Kadua coriacea 
(kioele), a federally endangered dry forest plant, known from fewer 
than 300 individuals on the island of Hawaii (USFWS 2008, p. 5; 
Christian Torres, USFWS, pers. comm. 2009).
Habitat Destruction and Modification by Nonnative Ungulates
    The petitioner claims that the decline of native plant communities 
has likely had a negative impact on Hawaii's Hylaeus bee species 
(Cuddihy and Stone 1990, pp. 59-66, 88-94, 73-76; USFWS 2006, p. 2684). 
The presence of nonnative mammals, such as feral pigs (Sus scrofa), 
cattle (Bos taurus), goats (Capra hircus), and axis deer (Axis axis), 
is considered one of the primary factors underlying the alteration and 
degradation of native vegetation and habitat in the Hawaiian Islands 
(Stone 1985, pp. 262-263; Cuddihy and Stone 1990, pp. 60-66; 73 FR 
73801). Beyond the direct effects of trampling and consuming native 
plants, nonnative ungulates contribute significantly to increased 
erosion, and their behavior (i.e., rooting, moving across large 
expanses) facilitates the spread and establishment of competing, 
invasive, nonnative plant species (Xerces 2009a, p. 26; 2009b, p. 18; 
2009c, pp. 21-22, 2009d, pp. 12-13, 2009e, p. 10). Several endangered 
coastal and lowland plant species that are threatened by the browsing, 
trampling, and digging activities of nonnative ungulates are confirmed 
foraging sources for Hylaeus species and, therefore, are likely 
foraging sources for these seven Hylaeus species (USFWS 1999, pp. 145, 
163, 171, 180; Daly and Magnacca 2003, pp. 11, 13).
Habitat Destruction and Modification by Fire
    The petitions state that fire can dramatically alter the species 
composition of plant communities in coastal and lowland habitats 
(Hughes et al. 1991, p. 743; Blackmore and Vitousek 2000, p. 625), and 
thus potentially impact Hylaeus populations. The petitioner also 
suggests that ordnance-induced fires on the Army's Pohakuloa Training 
Area on the island of Hawaii may threaten the dry forest habitat of 
Hylaeus anthracinus. Fires were uncommon in the Hawaiian Islands until 
the arrival of humans about 2,000 years ago (Smith and Tunison 1992, 
pp. 394-395). Native habitat in the Hawaiian Islands has been 
increasingly colonized by fire-adapted invasive plant species that take 
the place of, and permanently replace, native plant species (Cuddihy 
and Stone, pp. 88-94; Smith and Tunison 1992, pp. 394-395; D'Antonio et 
al. 2000, pp. 73-74). This process has been facilitated by nonnative 
ungulates, which alter the floral composition of native habitats, 
making conditions more conducive to fire. This impact occurs because of 
the browsing and trampling of native vegetation, and the spreading of 
seeds of nonnative, fire-adapted plant species such as Melinis 
minutiflora (molasses grass) and Schizachyrium condensatum (tufted 
beardgrass) (D'Antonio et al. 2000, pp. 73-74).
Habitat Destruction and Modification by Recreational Activities
    The petitions state that some of the best habitat areas for Hylaeus 
species are also popular recreational sites, particularly those areas 
located within coastal strand habitat (Xerces 2009a, p. 27; 2009c, p. 
22). Human impacts at recreational sites may include removal or 
trampling of vegetation on or near trails and the compaction of 
vegetation by off-road vehicles (Xerces 2009a, p. 27; 2009c, p. 22). In 
particular, the petitioner claims that Hylaeus facilis habitat may be 
threatened by recreational activities, such as hunting and hiking on 
the Poamoho Trail on Oahu (Hawaii Department of Land and Natural 
Resources 2000, p. 15; Xerces 2009c, p. 22). According to the 
petitions, some of the best remaining habitat for H. anthracinus and H. 
longiceps includes Kaena Point (on Oahu), Kona Coast State Park, 
Makalawena, Mokuauia, and South Point (on the island of Hawaii), areas 
that are popular recreational sites with largely unregulated access 
(Xerces 2009a, p. 27).
Habitat Destruction and Modification by Climate Change
    The petitioner asserts that a changing climate may cause shifts in 
the range of Hylaeus host plant species, which can be especially 
detrimental to dependent pollinators like these seven species when 
combined with habitat loss (National Research Council 2007, p. 102). 
Most bees have difficulty crossing large geographical barriers 
(Michener 2000, p. 103), and successive generations of solitary species 
like Hylaeus tend to nest in the same area year after year. The 
petitioner points out that the seven Hylaeus bee species are restricted 
to habitat patches where native host plant species are present, and 
argues that they are not likely to disperse far to find new habitat 
(Xerces 2009a, p. 30; 2009b, p. 21; 2009c, p. 25; 2009d, p. 14; 2009e, 
p. 13). Thus, the

[[Page 34085]]

ecology of these seven species, combined with the patchy distribution 
of their remaining habitat, may hinder their dispersal if relocation 
becomes necessary due to climate-influenced changes in distribution of 
host plant species (Magnacca 2007, pp. 173, 181-183, 188) and cause the 
extirpation of remaining populations of Hylaeus anthracinus, H. 
assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. 
mana.
    The petitioner states that climate change may also have a 
deleterious effect upon the seven Hylaeus bee species due to climate-
induced changes in rainfall patterns, since these species prefer 
relatively dry habitats, some of which lack groundwater sources. The 
petitioner presents a concern that a predicted rise in sea level in the 
Hawaiian Islands (Baker et al. 2006, p. 1) might threaten coastal 
strand populations of the seven Hylaeus bee species. The petitions cite 
one study that predicted that sea level rise in the Northwestern 
Hawaiian Islands will cause a median projected loss of land of 3 to 65 
percent with a 19-in (48-cm) sea level rise, and a maximum projected 
loss of land of 5 to 75 percent with a 35-in (88-cm) sea level rise 
(Baker et al. 2006, p. 1). Although none of the seven Hylaeus bees 
occurs on the Northwestern Hawaiian Islands, the petitioner concludes 
that sea level rise will also impact the populations of the five 
species of Hawaiian yellow-faced bees (Hylaeus anthracinus, H. 
assimulans, H. facilis, H. hilaris, and H. longiceps) inhabiting 
coastal sites on the main Hawaiian Islands.
Summary of Factor A
    In summary, we find that the information provided in the petitions 
presents substantial scientific or commercial information indicating 
that the petitioned actions may be warranted due to the present or 
threatened destruction, modification, or curtailment of the species' 
habitat or range. The petitioner has provided no information, and we 
have no information in our files to substantiate the claim that there 
will be climate-induced changes in rainfall patterns in the areas where 
the seven species occur, or that relatively dry habitats will be 
negatively impacted. The petitions did identify numerous potential 
factors that may be affecting Hylaeus anthracinus, H. assimulans, H. 
facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana, including 
habitat loss and degradation due to urbanization and land conversion; 
replacement of native host plants by nonnative plants caused by the 
browsing, trampling, and rooting activities of nonnative ungulates, 
which facilitates the establishment of nonnative plants in disturbed 
areas; conversion by fire of native plant communities to plant 
communities dominated by nonnative, fire-adapted plants; and the 
removal or trampling of native vegetation by people and compaction of 
native vegetation by off-road vehicles in popular recreational areas, 
particularly in coastal strand habitat. Information in our files also 
indicates these factors may present a threat to the seven species of 
Hylaeus. We, therefore, conclude the petitions present substantial 
information to indicate that the present or threatened destruction or 
modification of habitat may present a threat to H. anthracinus, H. 
assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. 
mana.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    According to the petitioner, Hylaeus facilis, H. hilaris, H. 
kuakea, and H. mana, each with two or fewer known populations, are 
especially vulnerable to overcollection because the collection of even 
a few individuals could significantly reduce the production of 
offspring (Xerces 2009c, p. 23; 2009d, p. 13; 2009e, p. 11). However, 
the petitions also acknowledge that because of the high fecundity of 
individual insects, the collection of insects does not pose a threat to 
their populations (Xerces 2009c, p. 23; 2009d, p. 11; 2009e, p. 11), 
which introduces an element of uncertainty concerning this claim.
    Insect collecting is a valuable component of research, including 
taxonomic work, and is often necessary for documenting the existence of 
populations and population trends. The petitioner has not presented 
information with which we can evaluate whether the overcollection of 
Hylaeus facilis, H. hilaris, H. kuakea, or H. mana may present a threat 
to any of these species, or determine whether this activity has 
resulted in population declines. In this regard, neither the petitions, 
nor information available in our files, presents information that would 
indicate overcollection may present a significant threat to H. 
anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. 
longiceps, or H. mana.

C. Disease or predation

    Neither the petitions nor information in our files presents 
information that would indicate disease is a current threat to Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. 
longiceps, or H. mana.
Predation by Nonnative Ants
    Ants are known to prey upon Hylaeus species (Medeiros et al. 1986, 
pp. 45-46; Reimer 1994, p. 17), thereby directly eliminating them from 
specific areas. The petitions state that ants are not a natural 
component of Hawaii's arthropod fauna, and the native species of the 
islands evolved in the absence of predation pressure from ants. They 
also state that ants can be particularly destructive predators because 
of their high densities, recruitment behavior, aggressiveness, and 
broad range of diet (Reimer 1993, pp. 17-18). The petitions also state 
that the threat of ant predation on the seven Hylaeus bee species is 
amplified by the fact that most ant species have winged reproductive 
adults (Borror et al. 1989, p. 738) and can quickly establish new 
colonies in suitable habitats (Staples and Cowie 2001, p. 55). In 
addition, the petitions state that these attributes allow some ants to 
destroy otherwise geographically isolated populations of native 
arthropods (Nafus 1993, pp. 19, 22-23).
    According to the petitions, at least 47 species of ants are known 
to be established in the Hawaiian Islands (Hawaii Ants 2008, pp. 1-11). 
Native insect fauna, likely including Hylaeus bees (Zimmerman 1948, p. 
173; Reimer et al. 1990, pp. 40-43; HEAR database 2005, pp. 1-2), have 
been severely impacted by at least four particularly aggressive ant 
species: The big-headed ant (Pheidole megacephala), the long-legged ant 
(also known as the yellow crazy ant) (Anoplolepis gracilipes), 
Solenopsis papuana (no common name), and Solenopsis geminata (no common 
name). The petitions state that numerous other species of ants are 
recognized as threats to Hawaii's native invertebrates, and an unknown 
number of new species of ants are established every few years (Staples 
and Cowie 2001, p. 53). The petitions state that due to their 
preference for drier habitat sites, ants are more likely to occur in 
high densities in the dry and mesic habitat currently occupied by the 
seven bees (Xerces 2009a, p. 28; 2009b, p. 19; 2009c, p. 24; 2009d, pp. 
13-14; 2009e, pp. 11-12).
    The petitions state that the long-legged ant appeared in Hawaii in 
1952; now occurs on Kauai, Oahu, Maui, and Hawaii (Reimer et al. 1990, 
p. 42); and inhabits low-to-mid-elevation (less than 2,000-ft (600-m)) 
rocky areas of moderate rainfall (less than 100 in (250 cm) annually) 
(Reimer et al. 1990, p. 42). The petitioner also states that direct 
observations indicate that Hawaiian arthropods are susceptible to 
predation by this species; Gillespie and Reimer

[[Page 34086]]

(1993, p. 21) and Hardy (1979, p. 34) documented the impacts to native 
insects within the Kipahulu area on Maui after this area was invaded by 
the long-legged ant. The petitioner concludes that although only 
cursory observations exist, long-legged ants are thought to be a threat 
to populations of the seven Hylaeus bees within dry to mesic areas 
within their elevation range (Reimer et al. 1990, p. 42).
    Solenopsis papuana is the only abundant, aggressive ant that has 
invaded intact mesic to wet forest from sea level to over 2,000 ft (600 
m) on all of the main Hawaiian Islands, and is still expanding its 
range (Reimer 1993, p. 14). The petitions state that because of this 
species' expanding range, it may threaten populations of Hylaeus 
facilis in mesic areas up to 2,000 ft (600 m) in elevation (Reimer 
1993, p. 14).
    The petitions state that the presence of ants in nearly all of the 
low-elevation habitat sites historically and currently occupied by the 
seven Hylaeus bee species may increase the uncertainty of Hylaeus 
recovery within these areas. Hylaeus populations are known to be 
drastically reduced in ant-infested areas (Medeiros et al. 1986, pp. 
45-46; Stone and Loope 1987, p. 251; Cole et al. 1992, pp. 1313, 1317, 
1320; Reimer 1994, p. 17). Although ant species' primary impact on the 
native invertebrate fauna is via predation (Reimer 1994, p. 17), they 
also compete for nectar (Howarth 1985, p. 155; Hopper et al. 1996, p. 
9; Holway et al. 2002, pp. 188, 209; Daly and Magnacca 2003, p. 9; Lach 
2008, p. 155) and nest sites (Krushelnycky et al. 2005, pp. 6-7). Some 
ant species may impact Hylaeus species indirectly as well, by predating 
on seeds of native plants (Bond and Slingsby 1984, p. 1031). The 
petitioner suggests that the greatest ecosystem-level effect of 
invasive ants has been on pollination. Additionally, where ranges 
overlap, ants compete with native pollinators such as Hylaeus species 
and preclude them from pollinating native plants. For example, the big-
headed ant is known to actively rob nectar from flowers without 
pollinating them (Howarth 1985, p. 157). Lach (2008, p. 155) found that 
Hylaeus species that regularly collect pollen from flowers of 
Metrosideros polymorpha were entirely absent from trees that had their 
flowers exposed to big-headed ant foraging.
    The Hylaeus egg, larvae, and pupal stages are more vulnerable to 
attack by ants than the mobile adult bee (Daly and Magnacca 2003, p. 
10). Invasive ants have severely impacted ground-nesting Hylaeus 
species in particular (Cole et al. 1992, pp. 1317, 1320; Medeiros et 
al. 1986, pp. 45-46), because their nests are easily accessible, and in 
or near the ground. Since Hylaeus anthracinus, H. facilis, H. hilaris, 
and H. longiceps are related to other ground-nesting Hylaeus species, 
they may also be susceptible to ant predation (Magnacca 2005g, p. 2).
    The rarity or disappearance of native Hylaeus species, including 
the seven petitioned Hawaiian yellow-faced bee species, from 
historically documented localities over the past 100 years is likely 
due to a variety of factors. There is no information that conclusively 
correlates the decrease in Hylaeus observations with the establishment 
of nonnative ants in low-to-montane and dry-to-wet habitats on the 
Hawaiian Islands; however, their collective presence suggests that 
nonnative ants may have played a role in the decline of some 
populations of the seven Hylaeus bee species evaluated in this finding.
Predation by Nonnative Western Yellowjacket Wasps
    The petitioner suggests that Vespula pensylvanica (the western 
yellowjacket wasp) is a potentially serious threat to the seven Hylaeus 
bees. This assertion is supported by literature available in our files 
(Gambino et al. 1987, p. 170; Wilson et al. 2009, pp. 1-5). The western 
yellowjacket wasp is a social wasp species native to the mainland of 
North America. It was first reported from Oahu in the 1930s (Sherley 
2000, p. 121), and an aggressive race became established in 1977 
(Gambino et al. 1987, p. 170). In temperate climates, the western 
yellowjacket wasp has an annual life cycle, but in Hawaii's tropical 
climate, colonies of this species persist through a second year, 
allowing them to have larger numbers of individuals (Gambino et al. 
1987, p. 170) and thus a greater impact on prey populations. Most 
colonies are found between 1,969 and 3,445 ft (600 and 1,050 m) in 
elevation (Gambino et al. 1990, p. 1,088), although they can also occur 
at sea level. The western yellowjacket wasp is known to be an 
aggressive, generalist predator (Gambino et al. 1987, p. 170), and has 
been documented preying upon Hawaiian Hylaeus species (Wilson et al. 
2009, p. 2). The petitioner argues that predation by the western 
yellowjacket wasp is a potentially significant threat to Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. 
longiceps, and H. mana because of their small population sizes. This 
may present a particular threat to H. facilis, H. hilaris, H. kuakea, 
and H. mana because each species has two or fewer populations. The 
petitions also suggest that the western yellowjacket wasp may compete 
for nectar with Hylaeus species, but the petitions provide no 
information indicating that competition for nectar is a threat.
Predation by Nonnative Parasitoid Wasps
    The petitions state that native and nonnative parasitoid wasps 
parasitize some Oahu Hylaeus species and may pose a threat to H. kuakea 
and H. mana (Xerces 2009e, p. 12). The petitions also state that 
Hylaeus larvae are known to be attacked by parasitoid wasps within the 
Encyrtidae and Eupelmidae families, although it is unconfirmed whether 
parasitoid wasps utilize H. kuakea and H. mana as nutritional hosts for 
their larvae (Xerces 2009e, p. 12). However, the petitions did not 
provide any evidence, and we have nothing in our files, to support 
these claims.
Summary of Factor C
    Overall, the petitions provided substantial scientific or 
commercial information indicating that the petitioned actions may be 
warranted due to disease or predation. Neither the petitions, nor 
information available in our files, present data that would indicate 
that predation by parasitoid wasps presents a threat to any of the 
Hylaeus species addressed in this finding. Although the petitions 
suggest that the western yellowjacket wasp may compete for nectar with 
Hylaeus species, no information was presented that would allow us to 
evaluate whether this presents a significant threat to any of the 
petitioned species. However, observations and reports have documented 
that ants are particularly destructive predators because of their high 
densities, broad range of diet, and ability to establish new colonies 
in otherwise geographically isolated locations, because the 
reproductive adults are able to fly (Xerces 2009a, pp. 27-28; 2009b, 
pp. 19-20; 2009c, p. 23; 2009d, pp. 13-14, 2009e, p. 11). In addition, 
the western yellowjacket wasp has been documented to prey upon Hawaiian 
Hylaeus species (Xerces 2009a, p. 29; 2009b, p 20; 2009c, p. 24; 2009d, 
pp. 14-15, 2009e, pp. 12-13). Accordingly, we conclude the petitions 
present substantial information indicating that Hylaeus anthracinus, H. 
assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. 
mana may be threatened because of predation by nonnative ants and the 
nonnative western yellowjacket wasp.

D. The Inadequacy of Existing Regulatory Mechanisms

    The petitioner stated that there are no existing Federal, State, or 
local laws,

[[Page 34087]]

treaties, or regulations that specifically conserve or protect habitat 
for the seven Hylaeus bee species. The petitioner does acknowledge that 
some historic and current collection localities are protected from 
development by Federal or State agencies; one of two known populations 
of H. facilis occurs at Kalaupapa National Historical Park on Molokai, 
and three species (H. anthracinus, H. hilaris, and H. longiceps) occur 
at the State's Kaena Point Natural Area Reserve (NAR) on Oahu, Kanaio 
NAR on Maui, or The Nature Conservancy's Moomomi Preserve on Molokai. 
The petitioner asserts that conservation of the seven Hylaeus bees will 
likely require active management of their known population sites, 
involving exclusion and removal of feral ungulates, control and removal 
of nonnative plant and insect species, and the restoration of native 
vegetation (Magnacca 2007, p. 185). The petitions state that existing 
regulatory mechanisms are inadequate to provide the necessary active 
management needed to protect the seven Hylaeus species (Xerces 2000a, 
p. 29; 2000b, p. 20; 2000c, p 24; 2000d, p. 15, 2000e, p. 13). However, 
there was no specific information provided in the petitions about 
existing regulatory mechanisms that could protect these species. We are 
also not aware of any regulatory mechanisms that address the seven 
Hylaeus species.
    The petitioners claim that there are no protections provided by 
existing State or Federal regulations to effectively address potential 
threats to the seven species of Hawaiian yellow-faced bees (Xerces 
2000a, p. 29; 2000b, p. 20; 2000c, p 24; 2000d, p. 15; 2000e, p. 13). 
However, the petitioners did not provide any additional information 
about existing regulatory mechanisms that could protect these species, 
and we have nothing in our files that describes any regulatory 
mechanisms that address the seven Hylaeus species. While information 
presented by the petitioner indicates that threats to the petitioned 
species may be posed by habitat destruction and degradation by 
nonnative ungulates and nonnative plants and through predation by 
nonnative insects, none of these threats are posed by an inadequacy of 
regulatory mechanisms. We, therefore, find that the petitions do not 
present substantial information indicating that the inadequacy of 
existing regulatory mechanisms may present a threat to Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. 
longiceps, or H. mana. However, we will further evaluate the adequacy 
of existing regulatory mechanisms for protecting the seven species of 
Hawaiian yellow-faced bees and their habitats during our status review.

E. Other Natural or Manmade Factors Affecting the Species' Continued 
Existence

Small Number of Populations and Individuals
    Species that are endemic to single islands or known from few, 
widely dispersed locations are inherently more vulnerable to extinction 
than widespread species because of the higher risks from genetic 
bottlenecks, random demographic fluctuations, climate change, and 
localized catastrophes such as hurricanes, landslides, and drought 
(Lande 1988, p. 1455; Mangel and Tier 1994, p. 607; Pimm et al. 1988, 
p. 757). These problems can be further magnified when populations are 
few and restricted to a limited geographic area, and the number of 
individuals is very small. Populations with these characteristics face 
an increased likelihood of stochastic extinction due to changes in 
demography, the environment, genetics, or other factors, in a process 
described as an extinction vortex (Gilpin and Soule 1986, pp. 24-25). 
Small, isolated populations often exhibit a reduced level of genetic 
variability or genetic depression due to inbreeding, which diminishes 
the species' capacity to adapt and respond to environmental changes, 
thereby lessening the probability of long-term persistence (Frankham 
2003, pp. S22-S29; Soule 1986, pp. 31-34). The negative impacts 
associated with small population size and vulnerability to random 
demographic fluctuations or natural catastrophes can be further 
magnified by synergistic interactions with other threats.
    The petitioner states that all of the petitioned Hylaeus bee 
species are rare, have very small populations, and are likely more 
vulnerable to habitat change and stochastic events due to low genetic 
variability (Daly and Magnacca 2003, p. 3; Magnacca 2007, p. 173, 
Petition p. 13). Literature cited by the petitioner states that about 
three-quarters of the species described from the Hawaiian Islands by 
Perkins (1899, 1910, 1911) have been collected recently. Some are still 
as rare or as abundant as he observed, yet others, formerly abundant, 
have not been collected recently (Daly and Magnacca 2003, p. 3). Five 
species have not been collected recently from one or more islands from 
which they are historically known, 7 are restricted to endangered 
habitat, 10 are considered to be very rare and potentially endangered, 
and 10 have not been collected recently and could be extinct (Magnacca 
2007, p. 3). The petitioner asserts that Hylaeus facilis, H. hilaris, 
H. kuakea, and H. mana have not been recently observed at some 
historical collection sites, and that each of these species now has two 
or fewer known populations, which could increase the risk of extinction 
due to stochastic events such as hurricanes, landslides, large 
wildfires, or prolonged drought (Jones et al. 1984, p. 209; Smith and 
Tunison 1992, p. 398; Petition p. 13). Since H. hilaris is 
cleptoparasitic and restricted to one known remaining population, it is 
at particularly high risk of extinction because of the rarity of its 
hosts and the fact that it is the most habitat-specific of all Hawaiian 
bees (Daly and Magnacca 2003). The recurrence intervals for stochastic 
events of this nature have not been explicitly defined, which 
introduces some uncertainty regarding potential effects to the 
petitioned species. The fact that a species is potentially vulnerable 
to stochastic processes does not necessarily mean that it is reasonably 
likely to experience, or have its status affected by, a given 
stochastic process within timescales that are meaningful under the Act.
    While we recognize the inherent species risks of small population 
size and small numbers of individuals, we currently lack information 
needed to assess this potential threat to the status of the petitioned 
species. We will investigate issues related to Hylaeus population size 
and species susceptibility to catastrophic stochastic events during the 
status review in order to better address this concern in the 12-month 
finding.
Competition with Nonnative Insects
    There are 15 known species of nonnative bees in Hawaii (Snelling 
2003, p. 342), including two nonnative Hylaeus species (Magnacca 2007, 
p. 188). According to the petitioner, most nonnative bees inhabit areas 
dominated by nonnative vegetation and do not compete with native 
Hawaiian bees (Daly and Magnacca 2003, p. 13). The European honey bee 
(Apis mellifera) is an exception; this social species is often very 
abundant in areas with native vegetation and aggressively competes with 
Hylaeus for nectar and pollen (Hopper et al. 1996, p. 9; Daly and 
Magnacca 2003, p. 13; Snelling 2003, p. 345). The European honey bee 
was first introduced to the Hawaiian Islands in 1875, and currently 
inhabits areas from sea level to tree line (Howarth 1985, p. 156). The 
petitioner reports that European honey bees have been

[[Page 34088]]

observed foraging on Hylaeus host plants such as Scaevola spp. and 
Sesbania tomentosa. However, the petitioner does not present 
information indicating that Hawaiian Hylaeus populations have declined 
because of competition with European honey bees for nectar and pollen 
(Magnacca 2007, p. 188). The petitioner asserts that populations of the 
European honey bee are not as vulnerable to predation by nonnative ant 
species as are Hylaeus bees (see Factor C above). The petitioner refers 
to a study by Lach (2008, p. 155), who observed that although Hylaeus 
bees that regularly collect pollen from the flowers of Metrosideros 
polymorpha trees were entirely absent from trees whose flowers had been 
visited by the big-headed ant, visits by the European honey bee were 
not affected by big-headed ant presence.
    As described by the petitioner, other nonnative bees found in areas 
of native vegetation include Ceratina species (carpenter bees), Hylaeus 
albonitens (Australian colletid bees), and Lasioglossum impavidum (no 
common name) (Magnacca 2007, p. 188). The petitioner suggests that 
these nonnative bees may impact native Hylaeus bees such as H. facilis 
through competition for pollen, based on their similar size and flower 
preferences. However, the petitioner acknowledges that the impact of 
these species on native Hylaeus bees has not been studied (Magnacca 
2007, p. 188). The petitioner also suggests that parasitoid wasps may 
compete for nectar with native Hylaeus species (Daly and Magnacca 2003, 
p. 10), but did not present supporting information in this regard. No 
information on the potential threat to the species from parasitoid 
wasps is available in our files.
Summary of Factor E
    In summary, the petitions provided substantial scientific or 
commercial information indicating that the petitioned actions may be 
warranted due to other factors affecting the species' continued 
existence. The petitioner did not present information, nor is 
information available in our files, indicating that competition from 
parasitoid wasps or other nonnative bees, such as Ceratina species, 
Hylaeus albonitens, and Lasioglossum impavidum, presents a threat to 
the petitioned species. However, the petitions do present information 
indicating that Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, H. kuakea, H. longiceps, and H. mana may be threatened because 
of their very small populations and low genetic variability, which may 
make them vulnerable to habitat change and stochastic events such as 
droughts. Each of the petitions characterizes the population status of 
the petitioned species as ``small and isolated'' or ``extremely rare, 
very small populations,'' and we do not have any contrary information 
in our files. The petitioner also presents information indicating that 
competition with the European honey bee may present a threat to the 
seven Hylaeus bee species. We, therefore, conclude that the petition 
presents substantial scientific information indicating that other 
natural or manmade factors affecting the species' continued existence 
may threaten Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, H. kuakea, H. longiceps, and H. mana. These factors include 
the species' small numbers of populations and individuals and 
competition with nonnative European honey bees.

Finding

    We have reviewed the petitions, supporting information provided by 
the petitioner, and information in our files, and we evaluated that 
information to determine whether the sources cited support the claims 
made in the petitions. On the basis of our evaluation of the petition 
under section 4(b)(3)(A) of the Act, we have determined that the 
petition presents substantial scientific or commercial information 
indicating that listing the seven Hylaeus bees as threatened or 
endangered may be warranted. This finding is based on information that 
indicates these species' continued existence may be affected by 
destruction or modification of their coastal strand and lowland forest 
and shrubland habitat from urbanization and land conversion, nonnative 
plants, nonnative ungulates, fire, recreational activities (Factor A); 
predation by nonnative ants and the western yellowjacket wasp (Factor 
C); inadequate protection from threats by existing regulatory 
mechanisms (Factor D); and other natural or manmade factors such as 
small population size, and competition with the European honey bee 
(Factor E). The petitioner does not present substantial information 
that these seven Hylaeus bees are threatened by overcollection (Factor 
B) currently or in the future.
    Because we have found that the petition presents substantial 
information indicating that listing the seven Hylaeus bee species may 
be warranted, we are initiating status reviews to determine whether 
listing these seven species under the Act is warranted. At the 
conclusion of the status reviews we will issue 12-month findings, in 
accordance with section 4(b)(3)(B) of the Act, as to whether or not the 
Service believes a proposal to list Hylaeus anthracinus, H. assimulans, 
H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana is 
warranted.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. In a 12-month finding, we will determine whether 
a petitioned action is warranted after we have completed a thorough 
status review of the species, which is conducted following a 
substantial 90-day finding. Because the Act's standards for 90-day and 
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will determine that 
listing is warranted.

References Cited

    A complete list of all references cited herein is available on the 
Internet at http://www.regulations.govand upon request from the Pacific 
Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary authors of this notice are the staff of the Pacific 
Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: June 3, 2010.
Daniel M. Ashe,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-14430 Filed 6-15-10; 8:45 am]
BILLING CODE 4310-55-S